Keeping up with the dynamically changing cannabis laws in Nevada can be time-consuming, whether you’re a cannabis enthusiast, business owner, or simply just curious about the industry. Since the state legalized recreational cannabis in 2017, the laws and regulations have still continued to shift, impacting everything from personal use to commercial operations.
In this guide, we’ll break down the key aspects of Nevada’s cannabis laws to help you understand what’s legal, what’s not, and how to stay compliant in the Silver State.
Is Cannabis Legal in Nevada?
Yes, recreational cannabis is legal in Nevada as of January 1, 2017. Medical cannabis was legalized on November 7, 2000.
When Did Nevada Legalize Cannabis?
Nevada legalized recreational cannabis when the Regulation and Taxation of Marijuana Act was passed on November 8, 2016, taking effect on January 1, 2017.
Medical cannabis was legalized in Nevada on November 7, 2000. However, the first legal medical cannabis dispensary didn’t open until 15 years later on July 31, 2015.
What Is the Minimum Age Required to Legally Use Cannabis in Nevada?
In Nevada, adults 21 years of age or older can legally consume cannabis for recreational purposes. For medical cannabis, adults 18 years of age or older can legally access medical cannabis with a valid Nevada medical marijuana card.
What Are the Cannabis Possession Limits in Nevada?
Adults 21 years of age or older can legally possess up to 2.5 ounces of cannabis or one-quarter ounce (7 grams) of concentrate for personal use. If an individual is caught with cannabis in excess of these legal limits, they may be prosecuted by the state.
Is Gifting Cannabis Legal in Nevada?
Gifting cannabis up to the legal possession limit of 2.5 ounces of cannabis and one-quarter ounce (7 grams) of concentrate in Nevada is legal as long as there is no remuneration and the exchange is not advertised or promoted to the public.
What Is the Legal Cannabis Sales Limit in Nevada?
In Nevada, recreational users can purchase up to 2.5 ounces of cannabis flower or one-quarter ounce of concentrates, while medical marijuana cardholders can buy up to 2.5 ounces of cannabis or 10,000 mg of THC-infused products every 14 days. Purchases are tracked across dispensaries to ensure individuals stay within these legal limits.
Where Can I Purchase Legal Cannabis in Nevada?
Nevada residents and visitors can purchase cannabis legally only from state-licensed cannabis stores and dispensaries. These dispensaries are strictly regulated by the Nevada Cannabis Compliance Board to guarantee product quality, safety, and adherence to all cannabis laws.
What Is the Cannabis Tax Rate in Nevada?
Cannabis purchases made by consumers are subject to a 10% excise tax in addition to the 6.85% state sales tax and any local sales tax. For cultivators, a 15% excise tax is levied on the "fair market value at wholesale" price of their cannabis crop.
The tax revenue collected goes towards various programs and services, such as education, law enforcement, public health programs, homelessness initiatives, and the state’s Rainy Day Fund for budget shortfalls.
What Cannabis Products Are Available in Nevada?
Nevada dispensaries offer a diverse selection of cannabis products, from classic flower to innovative edibles, tinctures, concentrates, and more. To guarantee consumer safety, all products sold in state-licensed dispensaries undergo rigorous testing to verify potency and eliminate harmful contaminants.
Can I Grow Cannabis Plants at Home in Nevada?
Yes, you can grow up to six cannabis plants per adult 21 or older, with a maximum of 12 cannabis plants per household in Nevada. Cannabis plants must be grown in a secure, enclosed space, out of public view. The grower must own or have permission to grow cannabis on the property.
Where Can I Consume Cannabis in Nevada?
Adults 21 and older can consume cannabis on private property or at a licensed cannabis consumption lounge. It’s illegal to consume cannabis in any public space or in a moving vehicle, even if you’re a passenger.
Will Using Cannabis Impact My Employment in Nevada?
In Nevada, employers aren’t required to allow employees to be under the influence of cannabis at the workplace under Nevada Revised Statute 453A.800. Employers still have the right to request random drug tests throughout an employee’s employment if it’s included in their policies and procedures.
For job applicants, Nevada Revised Statute 613.132 prohibits employers from refusing to hire someone solely based on a marijuana-positive drug test. This applies unless the job involves:
- Firefighting, emergency medical services
- Operating vehicles where drug testing is mandated by law
- Situations where the employer believes safety could be compromised
The employee can also take a second test at their own expense within 30 days of employment to challenge the initial result. Additional exceptions to this law include existing employment contracts or collective bargaining agreements, Federal Law restrictions, and positions funded by federal grants.
Are There Any Restrictions on Traveling with Cannabis in Nevada?
There are no restrictions on traveling with cannabis within the state of Nevada; however, anyone in a moving vehicle cannot be impaired by cannabis.
If you’re traveling across state lines, taking cannabis with you is strictly prohibited since it’s still an illegal substance under federal law.
What Happens to Past Cannabis Convictions in Nevada?
Individuals convicted of possessing one ounce or less of cannabis before legalization may be eligible for pardons, which can restore lost rights. However, these pardons do not remove convictions from criminal records – a separate process is required to seal those records. It's important to note that this resolution doesn't cover convictions for possession of more than one ounce, other drug offenses, or those involving plea bargains for unrelated crimes.
Key Takeaways From Cannabis Laws in Nevada
Nevada’s cannabis industry has grown tremendously since the state first legalized medical cannabis in 2000. However, staying compliant with the ever-evolving cannabis laws can often be a challenge in this growing industry. Whether you’re a resident, visitor, or cannabis industry professional, staying up-to-date on local laws is essential to avoiding potential legal issues.
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